How do I prove I did not commit a willful misrepresentation?
Saturday, February 6, 2010 at 3:18PM QUESTION: I received a non-immigrant visa 1.5 years after my father filed a Form I-130 on my behalf. I didn't know that he filed the I-130 and didn't mention it in DS-156. Will I be found ineligible at the immigrant visa interview? How do I prove that it was not willful misrepresentation?
REPLY: There is a chance that you could be found to have committed a misrepresentation at your immigrant visa interview. In order to avoid a charge of inadmissibility due to this misrepresentation pursuant to INA Section 212(a)(6)(C)(i) [which carries a lifetime bar to admission to the U.S.], you must prove to the satisfaction of the Consular officer that you did not know about your father’s filing Form I-130 at the time of your nonimmigrant visa application and interview.
It is extremely difficult to overcome a charge of inadmissibility that is lodged by a Consular officer, as their actions are for the most part unreviewable. For this reason, you will want to have extensive proof and supporting documentation prepared in advance of your interview to show the Consular officer that you really did not know about the pending I-130 during the nonimmigrant visa process. With a well-prepared package, you should be able to avoid any negative charges.